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OLIVER v. UNITED STATES

Civ. A. No. 5619.

280 F.Supp. 823 (1967)

W. W. OLIVER, Individually and as Personal Representative of Alice L. Oliver, Deceased, Bayside Borough, Virginia Beach, Virginia, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

November 29, 1967.

Attorney(s) appearing for the Case

Joseph H. Thibodeau, Department of Justice, Washington, D. C., for defendant.

Montgomery Knight, Doumar, Pincus, Anderson & Knight, Norfolk, Va., for plaintiff.

MEMORANDUM

MacKENZIE, District Judge.

The plaintiff, W. W. Oliver, had been a farmer in Princess Anne County, Virginia, for more than forty years when he purchased, in 1945, a 41 acre "Bailey Tract" adjacent to his other holdings. He purchased the property as a residential real estate investment.

Several years thereafter, from a well defined area, 1200 feet long and varying from 250 feet to 300 feet in width, he sold fill dirt, but that venture was...

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